Page images
PDF
EPUB
[merged small][merged small][graphic][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed]

I certify that the above particulars are correct, and that the above-named seaman was discharged accordingly.

[blocks in formation]

Given to the above-named seaman in my presence this

day of

(Signed)

eighteen hundred and

Shipping-Commissioner.

TABLE C.

FEES, (SEAMEN.)

Fee payable on engaging crew, for each member of the crew, (except apprentices)

$2.00

Fee payable on discharging crew, for each member of

crew discharged

TABLE D.

FEES, (APPRENTICES.)

For each boy apprenticed to the merchant service,

including the indenture...

50

$5.00

TABLE E.

REDUCTION FROM WAGES OF SEAMEN.

In partial repayment of the fees payable in Table C, in respect of engagements, from the wages of each member of the crew, twenty-five cents.

In respect of discharges, from the wages of each member of the crew, twenty-five cents.

Hospital dues, see § 4585.

TITLE LIV.

PRIZE.

4613. Application of provisions of Title.

4614. What are "vessels of the Navy."

4615. Duties of commanding officer upon making captures. 4616. Statement of claim to share in prize.

4617. Duties of prize-master.

4618. Libel and proceedings by district attorney.

4619. Duties of district attorneys.

4620. Special counsel for captors.

4621. Appointment of prize-commissioners.

4622. Duties of prize-commissioners.

4623. Duties of marshal.

4624. Appraisal, &c., of property taken for Government.

4625. Proceedings for adjudication where property is not sent in.

4626. Delivery of property on stipulation.

4627. When property may be sold.

4628. Mode of making sale.

4629. Transfer of property to another district for sale.

4630. Share of captors.

4631. Distribution of proceeds to captors.

4632. What vessels are entitled to share.

4633. What officers are entitled to share.

4634. Determination of shares.

4635. Bounty for persons on board vessels sunk or destroyed. 4636. Appeals and amendments in prize-cases.

4637. Powers of district court after appeal.

4638. Security for costs.

4639. Costs and expenses.

4640. Payment of expenses from prize-fund.

4641. Payment of prize-money.

4642. Distribution of bounty, salvage, &c.

4643. Assignments, &c., of prize-money and bounty.

4644. Accounts of clerks of district courts.

4645. Allowances and commissions to marshals.

4646. Compensation of district attorney and prize-commissioners 4647. Accounts of district attorney and prize-commissioner.

4648. Compensation of special counsel.

4649. Payment of fees of special counsel.

4650. Commissions of auctioneers.

4651. Payment of fees of witnesses. 4652. Recaptures.

§ 4613. Application of Title.-The provisions of this Title shall apply to all captures made as prize by authority of the United States, or adopted and ratified by the President of the United States.

The provisions of this Title do not apply to captures made on inland waters Mrs. Alexander's Cotton, 2 Wall. 416; The Cotton Plant, 10 Wall. 581.

[ocr errors]

§ 4614. What are vessels of the Navy.-The term vessels of the Navy," as used in this Title, shall include all armed vessels officered and manned by the United States, and under the control of the Department of the Navy.

The surrender of a city operates the capture of all the prize or booty in the town and harbor-The Siren, 1 Low. 280.

§ 4615. Duties upon making capture.-The commanding officer of any vessel making a capture shall secure the documents of the ship and cargo, including the log-book, with all other documents, letters, and other papers found on board, and make an inventory of the same, and seal them up, and send them, with the inventory, to the court in which proceedings are to be had, with a written statement that they are all the papers found, and are in the condition in which they were found; or explaining the absence of any documents or papers, or any change in their condition. He shall also send to such court, as witnesses, the master, one or more of the other officers, the supercargo, purser, or agent of the prize, and any person found on board whom he may suppose to be interested in, or to have knowledge respecting, the title, national character, or destination of the prize. He shall send the prize, with the documents, papers, and witnesses, under charge of a competent prize-master and prize-crew, into port for adjudication, explaining the absence of any usual witnesses; and in the absence of instructions from superior authority as to the port to which it shall be sent, he shall select such port as he shall deem most convenient, in view of the interests of probable claimants, as well as of the captors. If the captured vessel, or any part of the captured property, is not in condition to be sent in for adjudication, a survey shall be had thereon and an appraisement made by persons as competent and impartial as can be obtained, and their reports shall be sent to the court in which proceedings are to be had; and such property, unless appropriated for the use of the Government, shall be sold by the authority of the commanding officer present, and the proceeds deposited with the assistant treasurer of the United States most accessible to such court, and subject to its order in the

cause.

Duty of commanding officer-The Sally Magee, 3 Wall. 453; The Sir William Peel, 5 Wall. 534; The Springbok, Ibid.20; The Dos Hermanos, 2 Wheat. 76; The Pizarro, Ibid. 240; Desty S. & A. § 435.

List of persons entitled to prize-money to be transmitted to the Navy Department-Rev. Stats. sec. 1624, art. 15. See Piracy, ante, §§ 4294-4299; Slave Trade, Rev. Stats. secs. 5551-5569.

§ 4616. Statement of claim to share in prize.If any vessel of the United States shall claim to share in a prize, either as having made the capture, or as having been within signal distance of the vessel or vessels making the capture, the commanding officer of such vessel shall make out a written statement of his claim, with the grounds on which it is founded, the principal facts tending to show what vessels made the capture, and what vessels were within signal distance of those making the capture, with reasonable particularity as to times, distances, localities, and signals made, seen, or answered; and such statement of claim shall be signed by him and sent to the court in which proceedings shall be had, and shall be filed in the cause.

§ 4617. Duties of prize-master. The prize-master shall make his way diligently to the selected port, and there immediately deliver to a prize-commissioner the documents and papers, and the inventory thereof, and make affidavit that they are the same, and are in the same condition as delivered to him, or explaining any absence or change of condition therein, and that the prize-property is in the same condition as delivered to him, or explaining any loss or damage thereto; and he shall further report to the district attorney and give to him all the information in his possession respecting the prize and her capture; and he shall deliver over the persons sent as witnesses to the custody of the marshal, and shall retain the prize in his custody until it shall be taken therefrom by process from the prize-court.

Delaying or defrauding captor or claimant, and of prize property, a crime punishable by fine and imprisonment-Rev. Stâts. sec. 5441.

§ 4618. Libel and proceedings by district attorney. Upon receiving the report of the prize-master directed by the preceding section, the attorney of the United States for the district shall immediately file a libel against such prize property, and shall forthwith obtain a warrant from the court, directing the marshal to take it into his custody, and shall proceed diligently to obtain a condemnation and distribution thereof; and to that end shall see that the proper preparatory evidence is taken by the prize-commissioners, and that the prize-commissioners also take the depositions de bene esse of the prize-crew, and of other transient persons cognizant of any facts bearing on condemnation or distribution.

In prize causes the evidence to acquit or condemn must come in the first instance from the papers found on board the vessel, and the examination taken in preparatio-The Dos Hermanos, 2 Wheat. 76; The

« PreviousContinue »